Rolled the truck...(pics)

This,if there are no marks,the O.P. has no case.

 

No seat belt here in Las Vegas is a $1500 dollar fine.

 

So you the attorneys say you have no case then basically.Why are you so quick too jump and forget about everything ? Why not find out the reason for the accident and then pursue possible legal action action against whoever is at fault ? manufacture,tie-rod manufacture,etc.

 

Because he was f¥€king with his phone and crashed his truck. My guess.

 

The O.P. last post just doesn't add up,that's why I am asking.The O.P stated the accident was caused by his rim coming apart,that's a serious assumption too the wheel manufacture who could lose some major money with a lawsuit.

 

There is no lawsuit against anyone, other than maybe a countersuit to the OP for defamation or something similar should he actually pursue a suit on a public forum.

The rim did not prematurely fail, 100% fact based on the pictures posted.

Proving a part failure occured on a modified suspension due to a manufacturer's defect will take a burden of proof beyond what a recall/class action suit would take.

I would "assume" something with the aftermarket suspension install may be the culprit. That would be a possible liability suit on whoever installed it. Assumption is a bad thing to go on, so I'll chalk it up to shit happens.

Unless OP is a millionaire with a fleet of lawyers to squeeze thousands out of someone, I don't see a cut and dry lawsuit here.

We can all speculate on what went wrong, what caused it or what he should do next but it's like guessing the scent of something based on written description. You'll only be lead to where it wants you to go.

Take the insurance payoff and be glad you had the coverage when it happened. The answer will likely never be given, especially on a forum to which no member was a witness of.

 

I have been trying to figure out the cause of this for 36 days now and I never stated the wheel coming apart was the culprit. I only assumed it was before I returned to the scene in the few days following the crash. That assumption was predicated on 2 reasons: The final state of that wheel and the burn mark to my left wrist which I concluded was caused by the steering wheel rotating violently to the left.(see attached pic). I think that was a fair conclusion considering all of the evidence I knew at the time but after going back to the scene and walking the area I realized that this wasn't the case.(No gouges of the least bit or skid marks). So I'm curious as to what you think doesn't add up. I turned to TW in hopes someone had experienced this situation and could provide some thoughtful insight to point me in the right direction. Nothing I have done suggests that I am trying to hide anything here and considering the fact that I myself took the initiative to start this thread, hiding anything about what happened would be counter productive to my purpose here. Which is again, involving others to get as much beneficial advice and perspectives as possible. The only purpose of this thread now is discussing the accident and the value of the truck. Pursuing a lawsuit would require much more time and money than I have. I drive a solid hour to school 4 days a week so I really need that settlement to go towards a new vehicle by early august. If I had been hurt or needed to cover extensive medical bills then maybe I would push a lawsuit then but I came out of this with nothing but a few scratches and a couple citations which I'm certain 1 if not both will get thrown out. So honestly I think I'm gonna come out of this pretty well regardless. The "why" doesn't have to be answered, it's just for piece of mind.

Edit: I did check with a company that specializes in accident forensics and inquired about a quote to see what it entailed and costs. They iterated that their services are mostly requested by trucking companies for construction and trucking companies responding to lawsuits but have done them for accidents involving recall lawsuits. As for me and not having an attorney to help fund my case, it was a tad bit more than I was able to afford...

 

Normally I am but not in this case

 

Allstate... Pretty good I suppose. This is the first time I've ever had to call them...

 

As an adjuster who has handled thousands of claims and had to deal with about every Ins. Co. there is at some point, I can say that in general Allstate is usually pretty good. I think they will treat you fairly. I was worried you were dealing with USagencies, Safeway, Geiko, etc or God Forbid USAA!

AS far as ANY lawsuit being settled quickly... will not happen. In my personal life I have been involved in I think 9. The quickest settlement took roughly 3-4 years. Usually closer to 5-7 years. My current one against a Toyota dealership is going on a year, but I REALLY started putting pressure and money into it few months ago. Last demand letter in this case was sent today at a cost of about $300. I REALLY want this settled. Lol, I pulled out all the stops on these A--h---s! Even have had federal filings submitted to the FTC! And inquiry to state board citing serveral violations that merit dealership license be pulled.


Long story short, there is a better chance of winning the lottery than reaching a settlement in a couple months. if an attorney will not take it on consignment (usually cost me 25% of settlement if they do) it will cost alot.

 

Lol not even a math major in stats could come to this conclusion with "100%" certainty.

 

LOL, thankfully, in ever lawsuit I have been involved in, when I claimed "the sky is blue".... it was! But, with enough money and "Math Majors" and "experts" stating there was a 1% possibilty that on that day "the sky was a deep forrest green color with swirls of florescent yellow " anything is possible. LOL!

 

Luckily for me I don't get involved in lawsuits - so I guess I have that going for me.

LOL

 

I can't stress how right you are!

God has blessed you! Charish it

 

jboudreaux1965, this is probably a topic for the OT forum, but I would like to hear your experiences as an Insurance adjustor and how you rate each company. Would be an informative thread.
Personally I have been with USAA Insurance for over 30 years and I used to think they were excellent. My experience lately with a couple of minor incidents has been the opposite.

 

It would be kind of hard to list each experience (good/bad) for each company, but feel free to ask me anything. PM or otherwise.

USAA in particular is VERY reluctant to pay out. They also frequently use another shady tactic when a medium value vehicle is involved. What they have a history of doing is this...

Lets say you have a 2005 Tacoma Quad Cab TRD Sport Prerunner. NADA value is currently roughly about $13,000.

A USAA insured vehicle rear ends you. You have maybe $4,000 in damage! You have bent bumper cover, maybe draw-tie scuffed and bent, bumper cover bent, frame ok but needs to be checked and dented bumper cover slammed into bed and tailgate causing scratches and minor dents.

What they do is "recommend for your convenience" go to one of their partner body shops to do the estimate (instead of an adjuster!)

Now the body shop inflates the estimate. You ask... why the hell would an insurance company want to inflate an estimate on a claim that they are going to pay????

SIMPLE! So they can "total loss the truck". Now, why would they want to do that? Doesn't that mean they have to pay me more???? Not really

They depreciate the hell out of the truck, try to say its worth $13,000 as per NADA in mint condition, they value it at $7,000. Their estimator (not adjuster) estimated damages at $15,000 because the bed, the tailgate, the frame, the draw-tie all has to be replaced... etc....

So they offer $7,000 for your $13,000 truck that could actually be repaired by a legit shop for about $4000

You ask, how does any of this make any since?

Its simple. They offer you $7,000 cash and you hand over the truck, (which they will sell at auction for probably $5000+) OR they give you $2,000, you keep the truck with salvage title.

What the average person does not know is how bad they just got screwed if they accept a salvage title! Now, you have a salvage title, IT WILL BE EXTREMELY HARD or EXPENSIVE to get full coverage on that truck ever again!

Now, either way, they pay out $2,000-$3,000 in the end for a $4,000 claim. The average person in this situations thinks... "if this is my only options I am keeping my truck and taking the $2,000".

If the average owner protests, USAA will then say "that is our only offer, take it or leave it!" The average owner will submit because they feel helpless. You are not! You do not have to accept any settlement. If you are not happy, just keep asking to speak to the manager in charge of whoever you are speaking with. If they put you in a corner, (which is the entire goal) to where you need your truck to go to work and you feel like you must accept their offer and you do not have the means to fight it, you can tell USAA to screw off and file the claim under your insurance. Your insurance company will pay what it take for proper repairs to be made and file a lawsuit against USAA to recoup damages.

A few tips...


#1. NEVER agree to let a shop recommended by the insurance company do an estimate. ALWAYS insist on an adjuster come out and access damages, create an estimate of damages and then issue a check in the amount of the estimate. (if you have a lien holder the check will be made out to both you and the bank)

#2. If the company tries to tell you that #1 is not an option, just know that it is your decision, not theirs! In my personal life, dealing with my own claims, one time a person insured by USAgencies rear-ended me. First off, I do my own repairs, I intended on doing my own repairs and I did do full repairs! They kept hassling me about picking a shop to have estimate done. I insisted an adjuster come out and do an estimate. The adjuster came out, did an estimate, gave me a copy and said let us know when you pick a shop. I kept saying that I had not decided, they kept dragging their feet. Although I know by law they can not do this, it was taking way too long! I looked up their approved list. A friends shop was not on it. I figured what the hell... Called USAgencies, told them I picked a shop and gave the name. They were kind of pissed I did not pick their shop, but issued a check in my name the same day (no lien holder). Friend said they never called. So I guess if they hassle you that much just name a shop lol!

#3. Don't be scared! A check is not a "settlement". (if you sign a settlement letter, that IS a settlement, but cashing a check is NOT). If the adjuster comes out and does an estimate, says it looks like there is $5,000 damage. You have a $1,000 deductible. Here is a check for $4,000. Have a great day Mr. Bob! If the mechanic starts work and finds additional damage, either the adjuster has to go back out to reinspect or just issue a check for the additional damages.

#4. Doing your own repairs.... YES they owe you for labor. If you get in an accident and the adjuster's estimate states that you need parts X, Y and Z replaced and the national average labor hours to replace parts X, Y, and Z is 20 hrs at $50/hr they owe you $50/hr. NOW, understand, in general, it takes the average person 2 hrs to complete the work a skilled mechanic can do in 1 hr. You do not get paid for that extra hour it took you! LOL! YES, it has come up before

Hope you could follow all of this and hope it helps...



---- edit ----
Forgot to mention this. EVEN IF the best shop in town is on their list and you plan to use them, NEVER let them do the assessment! Always have an adjuster do an estimate , tell the adjuster you have not decided who you will use and have them issue a check to you and you pay the shop once repairs are completed! Trust me, save alot of hassle and you can make sure everything was done correctly or you do not pay the shop!

Do know, there is a database! If you accept that check, and do not repair damages, and you file another claim, that adjuster can pull up your previous claim. Pictures and all! If there is any doubt that previous repairs were not made correctly they WILL ask for receipts and proof before issuing payment for a second claim! If you do your own repairs, do what I do (actually I do it everytime a turn a wrench) make sure you have setup a camera to record video or take still pics of repairs and always save receipts!

 

That's interesting. I've had USAA for many years. Had more than my share of claims. Always took it to my choice of body shop. USAA never even recommended who to take it to. Had a Volvo that they did several very expensive claims on with no problems whatsoever. They've always been very quick to pay and very easy to get more money out of once the car is taken apart and more damage is found.

Lucky I guess. Hopefully I don't have any more claims any time soon.

 

Sorry to hear that, glad you're alright

 

If you read the story carefully it was USAA screwing the person the USAA customer hit - not the USAA customer themselves.

 

something happened on the left side.. whether some steering linkage, tie rod, or seized bearing, blowout,, etc.. Causing the vehicle to go hard left, Jerking the wheel, burning his wrist.. Going out of control across the median, Flipping, Breaking off the passenger side wheel at some point. (tire would have been wwaaaaaaay farther away and down the road had the wheel broke. And if this wheel had broke first, he would went hard right.)